CFP®, CDFA® | Divorce Financial Planner and Mediator
Nevada has a reputation for being a state where it is easy to get married and just as easy to get a decree of divorce. Not every circumstance is the same, so it helps to understand the issues that may affect your divorce in Nevada.
For example, if your spouse does not want to cooperate, if you have community property to resolve, or if you have child custody to determine, you may find your divorce process more challenging than one in which the other spouse is agreeable.
If you and your spouse are on the same page and agree to the terms of the divorce, the process is straightforward. However, if you do not see eye to eye, you can expect the paperwork, cost, and time frame to be more significant.
That’s why it is important to be thorough with your documentation and determine what is important to you. Hopefully, the better you understand how to file for divorce, the less stressful your experience will be.
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How to File for Divorce in Nevada
Before you begin the divorce process, you should consider how complicated your case may be. If your marriage is not long-term and you do not have any children, debt, or assets, you and your spouse may file without an attorney.
If you cannot agree or have multiple factors such as property, investment accounts, children, or a business, you may prefer to talk to a legal professional.
Legal Advice
Hiring a divorce lawyer to represent you is not mandatory, but it is also not a bad idea. The legal system is challenging to navigate, especially if you do not have any experience.
With representation, you have an advocate looking after your interests and ensuring compliance with Nevada divorce law. Consider scheduling a consultation, even if you ultimately decide you can file on your behalf.
Joint Petition
If you and your spouse agree on every decision from custody to alimony, you may want to file a joint petition with the district court. These petitions for a decree of divorce move quickly through the system, sometimes without the need to appear in court.
You can find the forms you need for a joint petition online or through the court in your county of residence.
Filing Independently
You can file as an individual when you cannot agree or your spouse refuses to sign the petition. As the plaintiff, you have additional documentation requirements, including a complaint and summons that the other spouse needs to sign.
It is the plaintiff’s responsibility to serve these divorce papers to the other spouse. Your case may result in multiple hearings before a family court judge to work out the details. It is also possible that a judge may order a divorce trial in these types of cases.
Legal Separation
Some people choose to file for a legal separation before filing for divorce, which can offer additional financial protection while you either attempt reconciliation or work through the divorce details. In Nevada, legal separation is also known as separate maintenance. You do not have to obtain a separation agreement to proceed with a divorce.
Paperwork Needed to Get a Divorce in Nevada
There is nothing the court system loves more than accurate paperwork. The documentation required by Nevada law depends on how you file. Joint petitions need the following documents to demonstrate a settlement agreement:
Family court cover sheet – requests basic information about you, your spouse, and any minor children
Confidential information sheet – includes spouses’ social security numbers to verify bank accounts, property ownership, tax debts, mortgages, and other information about community property or child custody if it is part of your divorce
Affidavit of resident witness – to be completed by a friend, family member, or neutral third party who sees you several times a week and can verify your residency status, per Nevada’s criteria
Decree of divorce – if approved, the judge signs this form, which but you then must file the final decree with the clerk of court
If you file independently, you have additional forms to complete, including a summons to inform your spouse of your intent and a complaint which details what you want the divorce to settle.
Also, if you want to return to your former name, you may need an additional form to make that request during one of your court appearances. The judge may declare your former or maiden name as your legal name after the divorce decree is final.
How Long Does a Divorce Take in Nevada?
The length of time it takes to get a final decree for divorce depends on those extenuating circumstances that complicate the divorce process. If you and your spouse agree on every issue, your summary divorce may proceed quickly, sometimes in as few as two to three weeks from the filing date.
For other cases, it can take up to three months or longer, especially if the judge orders several court hearings. Here are several factors that can drag out divorce proceedings.
Legal Custody of Children
Child custody is more than just physical custody; it also involves legal custody. Physical custody is where the child lives, while legal custody determines who makes major life decisions on the child’s behalf, including schooling, medical care, religious affiliation, and so forth.
Some divorcing parents choose joint custody and share the decision-making responsibility. The child may spend an equal amount of time where each spouse lives.
Child Support
Nevada law states that if one parent has custody for at least 60 percent of the time, they may receive child support. The amount of support awarded depends on the number of children, and the court considers all forms of taxable income.
A family court judge may also decide on a visitation schedule and other benefits for the child to provide health insurance, school tuition, extracurricular activities, and other expenses related to each child. Child support enforcement may be addressed at other court appearances.
Alimony
Alimony is not automatic during divorce proceedings. Ongoing financial spousal support considers each case’s situation. If the divorcing spouses were in a long-term marriage in which one spouse supported the other, a judge might decide that the working spouse should provide alimony.
Other factors can include a difference in income, the education level and work experience of each spouse, or whether a spouse acted as the primary caregiver for the minor children.
How Much Does It Cost to File for Divorce in Nevada?
Even without attorney fees, your divorce does have related expenses. Each county in Nevada determines its own divorce filing fee, so what you pay in Las Vegas or Reno may differ from other towns.
The average filing fees run between $250 to $299. How you file can also affect your expenses; a joint petition may be less expensive than a complaint. If you do hire a divorce attorney, ask about rates. Some charge a flat fee, while others may bill you hourly.
Nevada Divorce Requirements You Need to Know
While ending a marriage is never easy, you may find that Nevada divorce laws are less rigorous than in other states. As one of 17 no-fault states, Nevada does not require you to prove that one spouse is to blame for the marriage ending. However, you or your spouse should be Nevada residents in order to file in the state.
Nevada is also a community property state, meaning that most assets and debts get divided equally unless one spouse had resources or owed money before the marriage. Here are other specific requirements you should consider before filing for divorce in Nevada.
Residency Requirements
To divorce in Nevada, at least one spouse must be a Nevada resident. You or your spouse should reside in the state for no less than six weeks to qualify as a resident.
You should file with the district court in your county of residence. For example, if you live in Clark County, you should go to the district court in Las Vegas. The filed decree also indicates that you should continue to be a Nevada resident, although it is unclear if or how residency requirements are enforceable.
Community Property
Nevada law says that property belongs equally to both parties, as does any debt. During a divorce, assets and debts divide between spouses, each taking on the same share of benefit and burden.
The state also recognizes separate property, including anything you or your spouse owned or owed before the marriage. Other examples of separate property are inheritance, a personal injury award, or a gift from a family member. While these assets remain the owner’s property, they may play into any determination of child support or alimony.